Terms of service

Definitions

HilderBuild means C J Hilder, trading as HilderBuild web design and hosting. We, us, and our refer to HilderBuild.

You means an individual or organisation using HilderBuild’s services as a customer. Your and yours have a corresponding meaning.

The service means the hosting service subscribed to by you and provided by HilderBuild.

Our servers means the computers used by us in providing you with the service.

Lawful means not in violation of any New Zealand law, not in violation of any United States Federal, State or City law, and not in violation of any of the laws of your country. Illegal means “not lawful”

Use of the service implies agreement with the Terms of Service.

Terms of Service

Last Updated 23/Sep/2005

1. Acceptable Use

All services provided by HilderBuild may be used for lawful purposes only. Transmission, storage, or presentation of any illegal information, data or material is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue.

Note: You are prohibited from using the service for the transmission, storage, or presentation of pornography and sex-related merchandising. This includes web sites that may infer sexual content, or link to sexual content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to HilderBuild servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links

• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from our servers or using a return email address that is maintained on one of our servers is strictly prohibited. Using SPAM to advertise a site hosted on our servers also constitutes as a violation of this provision. We will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Help us stop SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

We will be the sole arbiter as to what constitutes a violation of this provision, and reserve the right to deactivate and remove any site at any time for any reason without refund.

2. Backups

We have a nightly backup service, however these backups are for our administrative purposes only. You are responsible for maintaining your own backups on your own computers. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to our negligence or negligence on the part of any provider of services to us). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your own computer. We make no guarantees about the availability of backups.

3. System resource usage

Cron Jobs, FTP access, and shell access can be enabled on an as-needed basis. They do not come enabled on accounts by default. A request for one of these features must be sent to us before it will be activated. We reserve the right to refuse any of these services to any customer for any reason.

We do not allow clients to install their own chat rooms. You are not permitted to run programs in the background on our servers. We do not allow IRC (Internet Relay Chat) or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

If we determine that your account is utilising an unacceptable amount of system resources, we may temporarily deactivate the account in question. If we deem necessary, an eviction notice may be sent to you providing you with ten (10) days in which to either upgrade your account or locate a new provider. This only occurs in extreme cases.

We will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analysed individually.

4. Server Abuse

Any attempts to undermine or cause harm to our servers, those of our suppliers, or those of our customers is strictly prohibited.

We will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. We will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

5. Subleasing prohibited

You may not sublease, sub host, or give away control of any portion of the storage space or resources provided to you by HilderBuild.

6. Indemnity

You agree to indemnify and hold harmless HilderBuild and any other provider of information services used in providing you with the service from any claims resulting from the use of the service which damages you or any other party.

7. Failure to follow these Terms of Service

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to our discretion).

We reserve the right to remove any account without prior notice. If we deactivate your account for violating these terms, you will forfeit your rights to a refund and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation after the second offence, but no warning is required.

We reserve the right to deactivate and remove any site hosted by us that contains any content that we deem in our sole discretion to be unacceptable or undesirable.